Title 12174 · Code of Ordinances
Sec. 112.305. - All actions brought against the City alleging improper legislative action or inaction.
Citation: Jacksonville, FL Code of Ordinances § 112.305.
Section: 112.305.
All court actions brought against the City seeking declaratory or injunctive relief as a result of City Council action or inaction, may be settled as follows: (a) Zoning actions may be settled by resolution of the City Council; (b) Actions attacking the constitutionality of an ordinance as written (facial validity) may be settled by resolution of the City Council; except that when the enforcement of an ordinance has been preliminarily enjoined by the Court, the President of the City Council, upon the recommendation of the General Counsel that it would be in the best interest of the City to do so, may authorize, in writing, the settlement of the injunctive action. (c) Actions attacking the constitutionality of the manner in which an ordinance is enforced may be settled upon the written authorization of the department head charged with the enforcement of the ordinance, concurred with in writing by the General Counsel. Where two or more department heads are charged with the enforcement of the ordinance, each department head shall, in writing, concur with such settlement. (d) To the extent any such action also seeks monetary relief, the compromise and settlement of such monetary claims shall be authorized in the manner described hereinafter in Section 112.307 . (e) The approval of the City Council for subsections (a) and (b) of this Section and the approval of the appropriate department head for subsection (c) of this Section shall be required to take an appeal of an adverse ruling against the City. For purposes of this paragraph, the consideration of the appeal of an adverse ruling by Council shall be made at the next regularly scheduled Council meeting as an emergency following rendition and receipt of the Court's order. In the event the next regular scheduled meeting of the Council is on a date of more than 14 days, the President of the Council shall call a special meeting of Council to consider the issue of such appeal. (f) Wherever in this Part, department heads are referred to, that term shall include in addition to City Department Directors, the Sheriff, Clerk of Court, Property Appraiser, Tax Collector and the Supervisor of Elections. (Ord. 90-206-208, § 3)